[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR884.212]



[Page 121-122]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 884_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION 

SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS--Table of Contents

 

               Subpart B_Project Development and Operation

 

Sec.  884.212  Project completion.





    (a) FmHA certifications upon completion. Upon completion of the 

project, FmHA shall inspect the project and, if determined to be 

acceptable, submit to the HUD field office the following certifications:

    (1) The project has been completed in accordance with the 

requirements of the Agreement;

    (2) The project is in good and tenantable condition;

    (3) There are no defects or deficiencies in the project other than 

punchlist items, or incomplete work awaiting seasonal opportunity;

    (4) There has been no change in management capability.

    (b) HUD review. HUD shall promptly review the certifications 

submitted pursuant to paragraphs (a) and (b) of this section (see Sec.  

884.203(b)).

    (c) HUD acceptance. If HUD determines from the review that the 

certifications are acceptable in accordance with these subparts, the 

project shall be accepted.

    (d) Acceptance where defects or deficiencies reported. If the only 

defects or deficiencies are punchlist items or incomplete items awaiting 

seasonal opportunity, the project may be accepted



[[Page 122]]



and the Contract executed. If the Owner fails to complete the items 

within a reasonable time to the satisfaction of HUD (and the PHA, if 

applicable), HUD may, after consultation with FmHA, upon 30 days notice 

to the Owner (and the PHA, if applicable), terminate the Contract and/or 

exercise its other rights thereunder or, if the Contract is with a PHA, 

cancel its approval of the Contract and require its termination and/or 

exercise its other rights under the Contract and the ACC.

    (e) Arbitration. In the event the Owner disputes HUD determinations, 

he may submit the controversy to third-party arbitration at his expense, 

provided that the arbitration is advisory only.

    (f) Completion in stages. If the project is to be completed in 

stages, the procedures of this section shall apply to each stage.